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(영문) 서울중앙지방법원 2014.02.06 2013고정6104

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 25, 2012 and November 8, 2012, the Defendant: (a) applied for two Handphones as if the Defendant would pay the Handphones and the user fees to the victim in the absence of the intent or ability to pay the Handphones and the user fees even if the Defendant purchased and uses the Handphones; and (b) applied for two Handphones as if the Defendant would pay the Handphones and the user fees to the victim at the time; (c) had the victim substitute for two Handphones; and (d) obtained two Handphones from the said victim, and acquired the above Handphones and the use of two Handphones and the above Handphones and the use of them.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol of the accused (including the statement part of E);

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes of each new service contract;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;